HELP! Is it only a threat or not?

AU is "AUTHORIZED USER" no contractual responsibility.

Dispute with EQUIFAX, EXPERIAN, and TRANSUNION.

Don't offer to pay anything.

AU'S were done so you can give a card to your next door neighbor, co-worker, when they buy STUFF for you and you don't expect them to pay...(and they aren't buying stuff for themselves).

JOINT is usually for HUSBAND/WIFE maybe with SON/DAUGHTER...CONTRACTUAL RESPONSIBILITY...one or both must pay.

 

The mortgage company IGNORED the AU negative CORRECT???

 

If you get it removed from the BIG 3, forget about it and enjoy your new house.

If you get HELD UP on your mortgage...you can call them (COLLECTION AGENCY) and tell them what an AU means, and that they will be responsible for ALL FEES AND INTEREST AND COSTS INCURRED WHEN YOU LOSE THE HOUSE, AND COSTS RELATING TO YOU HAVE TO START OVER...COULD BE $1,000'S...

 

Is there a contract between you and the creditor?

 

Re: HELP! Is it only a threat or no

Have you tried telephoning Citibank and asking that they remove this tradeline from your reports? My wife put me on as an AU on her MBNA card years ago. Since she's been 30 days late a few times, those derogatory notations appeared on all three bureau's files for me as well. Since March I've been on a credit cleaning jag and didn't want her rotten stuff on my reports. I simply called MBNA, told them my situation, and they proceded to remove the tradeline from all three reports.

 

I was in a similiar situation about 30 days ago with Citibank...listed as an authorized user on an account that was charged off...I disputed directly with Citibank...the account was also sent to a collection agency...Citibank removed the tradeline from all three bureaus and asked me to destroy any cards in possession and that they had ever right to report the info yada yada yada but made it sound like they were doing me a favor even though I was never financially responsible for the account and hadn't used it in more than 5 years....the number they gave me to call on their reply letter was 1-888-891-2873...I'd just deal with them directly...the collection agency is a waste of time...or dispute to the bureaus directly

 

Re: HELP! Is it only a threat or no

If their credit line appears in your CRA files, and you mentioned that it does, then they need to remove it. Try Citibank's Office of the General Counsel.

If all else fails, you may need to file a small claims lawsuit against both Citibank and the collection agency. You can include both defendants on the same suit. In my county, it costs only $75 to file a small claims suit (this will vary from location to location), you don't need a lawyer, and the clerks are generally helpful. Basically I would allege violations of both the Fair Credit Reporting Act and the Fair Debt Collection Practices Act in reporting and attempting to collect a debt that was never yours. Even better, their own admission that you were only an "Authorized User" on the account supports your claim. Ask them to produce a document with your signature. You can beat these weasels.

Doc

 

Re: HELP! Is it only a threat or no

Doc:
As you probably now realize, FDCPA would be an incorrect reason to name the creditor. That would most likely require a separate suit against the creditor brought under Agency Law so that he can be held liable for the actions those he contracted with and who broke the law on the behalf of the creditor.

The creditor could opt out of the shindig using the fact that he is specifically excluded from FDCPA and then you would have fired a shot that fell short of it's mark by a long ways.

There are some other interesting actions that I am looking into at the moment as well and they get a whole lot more serious than even Agency Law. It would not be the least bit difficult to bring charges against them for extremely serious violations of criminal law as well. The problem will/would arise with the legal system itself and the idea of applying actual criminal laws to the creditor which were originally written with high-roller white collar criminals in mind just might get one involved in more hassles than it's worth.

An example of how tough it could get might possibly be an example of a lawyer who filed a viod judgment or otherwise fraudulent lawsuit against a person. Since he was/is a professional attorney it was his duty under the law to be sure that all of the elements in his action were procedurally correct and that he did not violate your rights. Most assuredly to the point that he should have known that he at least had to provide some form of affidavit proving that you owed the debt. Yet he failed to meet even minimal standards and stood up before a second person and swore an oath that all the information provided to the court was true and correct to the best of his knowledge.

The judge, also an attorney and a legal professional had the minimal duty to ascertain that the facts before the court were true and correct at least to the extent that they were sufficient to grant the court jurisdiction to grant the relief sought. Yet he did not do what his duty demanded of him. He runs a rubber stamp court. An on going criminal enterprise, is it not?

Now then, I have no silly intention of seriously thinking about attempting to prove my allegation that any judge-lawyer relationship is an ongoing criminal enterprise however true it might or might not be.

But.....................??????????????

{OLL}

 

Re: HELP! Is it only a threat or no

Here's one of my fave links for this:

http://lawyerphillips.com/Phillips v. Trans Union et al -- Complaint.htm

 

Re: HELP! Is it only a threat or no

Breeze, have you ever used Mr. Phillips before? I contacted him, he told me to send him everything I had about my case, which I did. He knows that documents must be filed by the 16th and has now not returned emails or phone calls for over 2 weeks. I personnally will never recommend him.

 

Re: HELP! Is it only a threat or no

I know, I read that. I was very disappointed to hear he handled it so badly. No, I have never referred anyone to any high profile lawyer. It is hard enough to get an ordinary lawyer to do what he/she is supposed to. They are busy and they follow the money. But then, don't most people? So if you can give them more publicity, or they can make a lot of money, you have no problem. The rest of us have to nag them to death to get anything done. That's what I do - it works.

On the phone, you can't get past the receptionist - so use the fax machine, LOL. they get them!!

But his case about the AU reporting is still useful when dealing with that kind of situation.

 

Re: HELP! Is it only a threat or no

Replying about what law firm I use, it is a large firm in Richmond, about 110 mi away. They have on occasion referred me to another lawyer here, depending on the problem and the attorney's area of expertise. They are planning to open an office here. Most of the time, I just call and ask questions, only been to court once. And they handled my judgment - the one I had vacated.

To give you a clue how bad it is, I started on that last December, it was finally done in June. And it wasn't complicated. :/

 

Re: HELP! Is it only a threat or no

Good for you. You should change your nick to "no victim here"

 

Re: HELP! Is it only a threat or no

On what grounds did you get your judgment vacated?

Love

 

Re: HELP! Is it only a threat or no

Settled before the court date.